Sunday, April 24, 2011

Regents of the University of California v. Bakke

      Thirty-five year old Allan Bakke applied to University of California Medical School at Davis twice and was rejected both times.The school reserved sixteen places for each incoming freshmen class of a hundred for the qualified minorities. Bakke’s qualifications exceeded many of the minority students that applied in both the years. Bakk concluded that he was excluded from admission just based on race. Winning by a 5 to 4 vote, Bakke won his case on equal protection.
     However after reviewing this case, the University of California did violate the Fourteenth Amendment and the Civil Rights, however, in some ways, they also didn’t violate it. Any racial quota system that is supported by the government does violate the Civil Rights Act. I think it was fair to have the Medical School accept Bakke’s applications, especially after what they did. Justice Lewis F. Powell, Jr, argued that the ridge use of racial quotas as employed at the school violated the Fourteenth Amendment as well. However, that being said, Powell also argues the use of race was acceptable as one of several admission criteria. Given this situation, the Court decided to minimize white opposition for equality while extending gains for racial minorities through the admissions process. I believe this was a fair enough way to handle this case’s predicament.   

Miller v. California

     Marvin Miller conducted and advertisement campaign containing "adult" book titles and film brochures which had sexually explicit photographs and drawings. This caused a public uproar, questioning how much freedom the First Amendment should grant. Miller was put on trial under California's obscenity laws and was proven guilty.The states should be able to decide how much freedom is given to the press and the people.
     The Court proposed on three new guidelines for regulating offensive material. Chief Justice Warren Burger suggested the guidelines should evaluate any offensive material that depicts "hard core" sexual behavior that is defined by the state law. I believe Miller's actions also question a sense of mortality. By having these brochures exposed for the public eye, anyone of any age group can access them. Adult material, such as this, should not be exposed to young children, which is also a concerned for many parents and guardians.

Tuesday, April 19, 2011

Plessy v. Ferguson

      Homer Plessy, a man who was one-eighth black, took a risk to sit in the "white section" of the train in Louisiana during 1890. Being only one-eight black, he strongly felt it was okay to sit in the front, however the conductor would say otherwise. He was immediately arrested for refusing to move out of the seat, and was declared imprisonment by Ferguson, a local judge in the Louisiana Supreme Court. Plessy argued that Louisiana's statue violated the Thirteenth and Fourteenth Amendments. However Ferguson ended up winning the case.
    Justice Brown brought attention to "fallacy" during Plessy's case and declared African-American controlled legislature may enact similar laws to the law that Louisiana has. Justice Brown's believed Louisiana's argument was unreasonable because the United States Constitution could not put them in the same area. African Americans are the ones that were ordered to move, not the whites. This was an "underlying fallacy" in Plessy's case, which led to his loss.
     Regardless that Ferguson won, I believe this was an extremely significant court case because it gave a legal standing to the idea of separate but equal. It informed the public how segregation didn't have that much equality. Since segregation was continuously growing in the south, this case triggered the spark of Americans relating.

Monday, April 18, 2011

United States v. Nixon

    In 1974, a disturbance took place in the oval office regarding President Richard M. Nixon and confidential tapes of all the conversations held in the office. His task was to return the tapes, however he strongly refused. The issue escalated, forcing Nixon to return the tapes through a vote. He did as he was told, however it appeared a portion of the tapes were erased. Known as the "Watergate Scandal", this alarmed the public simply because a president should not commit these actions.
     After reviewing the case, I believe the executive branch shouldn't have more privileges especially since the investigation wasn't constitutionally authorized. Also, President Nixon should have a limited amount of power on what he can or cannot do. Refusing to hand over the tapes in unacceptable, however his resignation was probably a wise choice to make. If he was taken into the trail, the case would escalate even further and become incredibly devastating to the pubic. Overall, this entire case was a rude awakening for the entire public to see. Having faith and trust in President Nixon was questionable after this event.  

Roe v. Wade

     With a 7 to 2 vote, Jane Roe, an unmarried pregnant women, fought  for the right to have an abortion under her decision. She argued that abortion should also be protected by the right of privacy because it protects the decisions of a woman. The court, reviewing her delicate situation, granted the right for women to have an abortion with or without the doctors recommendation. PBS goes further in depth on the Roe v Wade situation, considering both sides of Harry A. Blackmun and Jane Roe.


    After viewing this video, it significantly highlights one very important factor in this case. The state should not have the right to tell doctors how to regulate pregnancy. Having the right of privacy is also a large part of this case. The right of privacy originated from an article by Warren and Brandeis, called The Right to Privacy (1890) states an individual having the right "to be let alone". With or without technology, a person is entitled to having privacy without inflicting harm on others.
     I also feel that abortion should only be used when desperately needed. Its great that technology has advanced significantly over the years, providing women with this sort of opportunity, however its still taking away the life of a new born. A woman who goes through an abortion takes away the every opportunity for that child to exist in our world. Many would agree that taking a life, is morally unacceptable, which is why abortion should be taken seriously.

Wednesday, April 13, 2011

Rising Above Disabilities

Part I:    As a United States nation, aiding those who are disabled is typically not on the top of our priority list.  We tend to be far more concerned with poverty, the economy, and health care rather than providing the resources necessary to support those who are mentally or physically impaired. Working with the disabled community has always played a large role in my life. Whether it was helping my father with his inflammatory disease, Multiple Sclerosis (MS) or befriending the fellow citizens of my community; disabilities across the country has an important priority in society.  
Jim Rayburn, founder of the organization Young Life Capernaum, was determined to combine his love for children with the simple message of Jesus Christ. Today the organization has dramatically expanded, allowing students from all over the bay area to participate in various activities while maintain the importance of Jesus in their everyday life. Every Tuesday members of Capernaum gather and enjoy an evening planned with numerous activities and sing-a-long dance sessions. Towards the end of the evening Becky Parr, leader of Capernaum, tells a story directly from the Bible and blesses the entire group with a meaningful prayer. Over the years, the biggest difference in Capernaum is its willingness to accept members who aren’t Christian. I for one, do not practice Christianity, however the organization itself isn’t entirely based on religion. One of the main jobs I do is prepare the planned activities for the evening. All the buddies and leaders gather before the meeting begins to discuss the events that occur during the evening. The greatest part of these meetings is getting to know everyone and learning how to communicate with someone who has a disability.
The members of Young Life Capernaum are every carefree and energetic, which is why the organization is so amazing. Working together to solve group activities allows us to get to know each other and work together. I know the buddies and leaders enjoy the group just as much as the disabled members do. Each time I go to Young Life I always have a good time getting to know new faces each week.

Part II:   During the early 1970 is when the start of a new sense of freedom for people who have disabilities began.  Due to the social movements for civil rights and equality, young activists supported those who were disabled during the Disabilities Rights Act. People with disabilities were able to live within the community areas and gain a sense of equality among the others who weren’t disabled. However, even with the new freedom to live within the community, they still endured discrimination in regard to education and employment. From article presented by ABC Clio, “Public schools could legally refuse to enroll disabled children, special schools for the blind and deaf were segregated from the community, and residential schools were largely institution-like. Congress passed the Education for All Handicapped Children Act in 1975. The act mandated that all children with disabilities are entitled to a free, public education” (DiCanio).The act targeted a specific population in need of federal assistance. It was especially for children with learning disabilities, physical handicaps and gifted children in a public school system. The Handicapped Children Act opened many doors for the disabled community because they now have access to attend school and receive a proper education.  
                The movement for accommodating the disabled community to the real world continued as former President George W. Bush and the Bush Administration proposed regulations that called for business to make structural alterations to offices and stores to hold disabled citizens. This gave people with disabilities the chance to earn their own living. However if the law is violated, regulators ordered, “A fine of up to $50,000 for the first offense and up to $100,000 for subsequent offenses. Disabled people or the Justice Department may seek a court order to enforce the law, and the Justice Department may also seek civil damages on behalf of disabled people who complain of biased treatment"(Holmes).They have achieved  equality with the rest of the nation because of these regulations that were put in place to target their specific needs. During this period in time, the government plays an active role in the lives of the disable people by re-writing the laws to fit their needs. They actively make sure the disabled community is well taken care of and can maintain a regular life like the rest of us.
In our society today, these government regulations have weakened over time.  The government is so involved in resolving issues of poverty and debt, that it hasn’t taken the time to consider what needs to be fixed for not only the disabled people, but for their families that take care of them. The only services it can provide are mainly for people who have immediate disabilities. There are many disabilities such as Multiple Sclerosis that are nearly impossible to cure. Knowing the mental and financial burden of living with a handicapped patient for 18 years, Beena Patel had this to say, “The government does provide a good program for short term disabilities like, Hospice. However, better support needs to be considered for long term disabilities like MS and Autism”.  Hospice, or patients that were terminally ill, could possibly be easier to take care of, compared to those who suffer from a long term disability simply because it doesn’t take large amounts of money to cure them. Disabilities such as MS or Autism are difficult to cure, and require intensive therapy sessions to relax the body. Ms Patel argued the government did not provide enough money to care for a disabled person. Living with a psychically or mentally impaired person can be a huge financial liability. Ms Patel also went on to say, “disabilities in the family cause tremendous amounts stress for the other members-this is often overlooked by the government program. Better support is necessary for providing external resources and volunteer programs to help the extended family members”. The government is no longer like how it was in the past. One way the government could improve is by building up better support for the care takers of the disabled patient. Even though our nation has many volunteer programs to attend, it’s still a lot of stress and pressure that the care takers must endure. Government’s role in aiding the disabled is lacking and there has to be a solution for accommodating a stable life of the families.  
Many families that have a disabled member, often times deal with trying to find the best treatment or medication for the child. The parents of Andrea Haliday, a student that also attends the Young Life Capernaum meetings, is annoyed by the government system. Mrs Haliday strongly stated, “Government services are very incomplete and I found it particularly frustrating because you need to ask the right questions to get the services needed to take care of your disabled child. If you didn’t ask the right questions then you don’t get the services. You must be an informed advocate for your child” Mrs Haliday was irritated to know that the government is unwilling to share the service information to families that actually need it. It’s as if the government deprives the disabled community of the information that they need to know. Mrs Haliday continues further, “you need to network with others and I end up spending hours doing research to find the best service for my daughter. Some days I have no choice but to take off a few days from work just to do the workshops”. Taking days off work seems to be ridiculous all because the government won’t provide them the information that they need. Mr Haliday proposed a solution to the matter by saying, “better communication in terms of providing information. There should be some sort of law change in our government system, so that the service information was given out”. A new law would be a smart move on behalf of the government to ensure the level of care that the disabled community needs. Mrs Haliday finally says, “I spend hours wasting my time trying to find out the necessary precautions to give my daughter was she is entitled for”. As any parent would feel, they only want wants best for their daughter Andrea. Unable to provide their daughter with the services she needs is disappointing and hurtful for them. Many parents of disabled children feel the same way the Haliday’s do. Living with someone who is disabled, you want to give them the best life you can. When you can’t provide the things that they need, it can be very stressful and difficult. The Haliday’s try their best to give young Andrea the best life she can have.

Part III:    Working with Young Life Capernaum has been a memorable experience. I’ve enjoyed spending time with all the members of Capernaum. After understanding and experiencing some of the troubles that the parents go through when raising their daughters and sons, it leaves you with a new perspective of the world. You begin to handle situations at a different maturity level than everyone else and you begin to grow even more as a person. Living with someone who is disabled, you begin to develop a sensitive side to anyone that is disabled only because you know how it feels. I have met many different people and have traveled to various places, but I have not found a group of people that express their happiness like these children do. Getting to know a lot of the members of Capernaum is always such a joy. Each time I am with them, they seem to always put a smile on my face. The way they laugh, sing and dance, you begin to realize how much pleasure they get out of doing the most simplest of things. Their carefree attitude and acceptance of others is what makes them so amazing. They are the only group of people that I know that lives in the “now” instead of worrying about the future. They live their lives with such enthusiasm and are always up for trying new things. Some of them are incredibly optimistic, and they always know how to motivate you to have a good day. These children live their life to the fullest, and I believe that is a lesson we all need to learn. No matter what happens, they always look at the bright side of the situation and try to find happiness within their day. We only have one life, might as well live the best life we can.
                What people need to realize is that disabled people are just like you and I. They are no different and the y still shares the same emotions, but they are unable to express it in the same ways we do. I believe that is one of the most difficult concepts that people can’t understand. Being around them is truly inspirational. Some of them come from difficult family backgrounds, and seeing how joyful they are each day, you just can’t help but smile. Having a disability and knowing at Capernaum they will be able to fit in, is absolutely remarkable.  The community of people that Becky Parr has set up is truly amazing. The buddies and leaders know how to make each and every single person feel like they are all a part of something big. At Capernaum, no one feels isolated. I think that is one of the biggest fears if you are disabled either mentally or physically. Knowing that you are “different” and trying your best to “fit in” is not an easy task. At Capernaum, everyone always belongs together. It’s as if we are all one large family. I believe that’s what makes going to these meetings so enjoyable. Even when high school is over I still plan to continue working with the disabled members in my community.  It is a big passion of mine and I absolutely love hanging out with them.

Tuesday, April 12, 2011

Handicapped Children Act

     Staying within the guidelines of the federal government’s education policy, the Handicapped Children Act of 1975 was aimed towards a specific population in need of federal assistance. The act was typically for children with learning disabilities, physical handicaps and educationally brilliant children in public schools. The act ensured all school districts to provide special programs needed for the children and expected the districts to run without the cost of federal aid. It also called for the school districts to provide administrative measures so the parents of the children could input their decisions about their child’s education.  From Britannica Web, it defines what the Handicapped Children Act was about:
“Congress appropriated $1 million to help prepare teachers of mentally retarded children. Thenceforward, federal aid for the handicapped steadily increased. With the Education for All Handicapped Children Act of 1975—and with corresponding legislation in states and communities—facilities, program development, teacher preparation, and employment...
This benefits the lives of many children because they can finally have an education regardless of their disability.